Sarasota Police ordered to release bar arrest video

Published: Tuesday, October 2, 2012 at 2:05 p.m.

Last Modified: Tuesday, October 2, 2012 at 2:05 p.m.

SARASOTA - The Sarasota Police Department must surrender a videotape that reportedly shows one of its officers repeatedly striking a suspect in the face and then choking him unconscious, a judge ruled Tuesday.

Facts

READ THE JUDGE'S ORDER

The video was taken Aug.4 by a security camera outside Club Ivory at 1413 Main St.

Officer Scott Patrick has acknowledged that he struck Jason B. Dragash, 29, 10 times during an arrest on a charge of disorderly intoxication for causing problems at the nightclub. He also acknowledged choking Dragash; the altercation was reportedly captured on a videocamera at the club.

Police officials put Patrick on administrative leave after viewing the video. He is under investigation by the department's internal affairs unit to determine whether he violated policy, and a team of detectives is investigating whether the officer committed a crime.

At a hearing last month, Assistant City Attorney Sarah Warren argued that releasing the video could impede both the internal affairs and criminal investigations.

Sarasota attorney Andrea Mogensen filed an "emergency complaint" for access to the video; the Herald-Tribune filed a brief in support of releasing the video.

Mogensen argued that since the city showed the video to Dragash's defense attorney, it became a public document.

Circuit Judge Lee E. Haworth agreed with Mogensen.

In his decision issued Tuesday morning, Haworth wrote that "by sharing it with the attorney, the city, perhaps inadvertently, has made the video public."

The judge gave the city five days to turn over the video.

Warren, who had not yet spoken to police officials Tuesday morning, was not sure whether the city would appeal Haworth's decision. She did say the city would likely wait before turning over the tape.

"It looks like we have five days to respond. We'll be releasing it probably toward the end of that period," she said.

<p><em>SARASOTA</em> - The Sarasota Police Department must surrender a videotape that reportedly shows one of its officers repeatedly striking a suspect in the face and then choking him unconscious, a judge ruled Tuesday.</p><p>The video was taken Aug.4 by a security camera outside Club Ivory at 1413 Main St.</p><p>Officer Scott Patrick has acknowledged that he struck Jason B. Dragash, 29, 10 times during an arrest on a charge of disorderly intoxication for causing problems at the nightclub. He also acknowledged choking Dragash; the altercation was reportedly captured on a videocamera at the club.</p><p>Police officials put Patrick on administrative leave after viewing the video. He is under investigation by the department's internal affairs unit to determine whether he violated policy, and a team of detectives is investigating whether the officer committed a crime. </p><p>At a hearing last month, Assistant City Attorney Sarah Warren argued that releasing the video could impede both the internal affairs and criminal investigations.</p><p>Sarasota attorney Andrea Mogensen filed an "emergency complaint" for access to the video; the Herald-Tribune filed a brief in support of releasing the video.</p><p>Mogensen argued that since the city showed the video to Dragash's defense attorney, it became a public document. </p><p>Circuit Judge Lee E. Haworth agreed with Mogensen. </p><p>In his decision issued Tuesday morning, Haworth wrote that "by sharing it with the attorney, the city, perhaps inadvertently, has made the video public." </p><p>The judge gave the city five days to turn over the video.</p><p>Warren, who had not yet spoken to police officials Tuesday morning, was not sure whether the city would appeal Haworth's decision. She did say the city would likely wait before turning over the tape.</p><p>"It looks like we have five days to respond. We'll be releasing it probably toward the end of that period," she said.</p>